I’ll try to keep it short: A year and a half ago I bought a car off ebay, paid just under 10k from a guy in CA (I live in AZ). When I got there to pick it up he did not have the title and eventually sent it to me 6 months later. The car ended up being salvaged (which he did not disclose earlier) and the vehicle had changed hands 4 times (insurance to auction, auction to him, him to a woman he got it back from due to non payment) with no one ever completing the title change. So on the back of the title there was nowhere to put my name and is still in the insurance co. name
To this point I have not been able to complete the title change and it is still in his name. I’ve asked him to take the car back but said he doesnt have the money, I have started the bond process to put it in my name which is expensive. So far I’ve verified no one else has interest in the car, so it’s not stolen.
I want to sue this clown but how and where do I begin?
Originally posted 2009-07-06 07:15:04.
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Whatever you do, you better hurry up before the statute of limitations runs out.
You talk to a lawyer. I don’t know if it will be one in AZ or CA, or one from wherever EBay does business.
If its still in the insurance companies name they would have to release it. They can get a duplicate title with only there name to release it to you. As far as suing contact a lawyer, small claims in california is only 7,500 and arizona is only 2,500. So that would be out of the question. Just find a lawyer for that will sue for above and beyond the 10,000. If not then small claims in california and take the loss.
You begin the process in California.. and you only have another 6 months to do that.
If the matter is $5k or less you can do it in small claims court in the COunty where you took delivery of the car or in the County where he lives (if they are different). Contact the County Clerk of the Court to find out about the process and to get the forms.
You fill them out.. you get the paperwork and then you have him served.
Hopefully he lives near the border because you will be making at least three trips there since the paperwork often has to be submitted in person and you Definately have to appear in court.
Flip side: If your amount is OVER $5k you can have a lawyer do the hard work.. but that will cost you between $100 to $250 an HOUR.
Rock and a Hard place…
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